Ipr

INTELLECTUAL PROPERTY RIGHTS

What is IPR? 

IPR is a government protection to the first inventor for the solely manufacturer for a limited period, prohibiting others unless licensed by the patent holder.

Patent 

Is a grant for,

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An invention by government to the inventor in exchange of full disclosure of the invention.

Prerequisites for patent 

It must be new,

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Should have industrial applicability, and

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Non – obvious.

What can be patented?  

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Invention concerned with Construction, composition or manufacture of A substance, An apparatus or An industrial process.

Can life form be patented? 

As per US supreme court decision 1980 life forms cannot be patented, however all genetically engineered living organisms can be patented -- including human genes, cell-lines, tissues, organs, and even genetically altered human embryos and fetuses.

    e.

f.

g. h.

What cannot be Artistic creation, patented?

Business scheme, Mathematical method, or Those things that are prohibited by patent laws of the country an invention which is frivolous or which claims anything obvious contrary to well established natural laws; an invention the primary or intended use of which would be contrary to law or morality or injurious to public health; the mere discovery of a scientific principle or the formulation of an abstract theory; the mere discovery of any new property of new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant;

Contd a.

b.

c. d.

e.

a substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance; the mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way; a method of agriculture or horticulture; any process for the medicinal, surgical, curative, prophylactic or other treatment of human beings or any process for a similar treatment of animals or plants to render them free of disease or to increase their economic value or that of their products. inventions relating to atomic energy

How to obtain a patent? 

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Inventor files the full disclosure of invention in patent office with prescribed fees and priority, Now it becomes the duty of patent office to • • • • •

Conducts search to ascertain the prerequisites, Publishes the application Conducts detail examination, Raises objection on the application and Grants the application.

Importance of patent  

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Details of working of inventions, Single and unique source of information, Follows strict standard and easy accessibility, Earliest publication of invention, Mostly the only publication,

Beneficiaries of patent 

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Inventor can receive the gains in term of royalty, Public – when invention becomes public, -- freely available technology after the expiry of patent (20 yrs in India), - Cheaper after expiry of patent due to competition.

HISTORY OF INDIAN PATENT SYSTEM 

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1856 - THE ACT VI OF 1856 ON PROTECTION OF INVENTIONS BASED ON THE BRITISH PATENT LAW OF 1852. CERTAIN EXCLUSIVE PRIVILEGES GRANTED TO INVENTORS OF NEW MANUFACTURERS FOR A PERIOD OF 14 YEARS. 1859 - THE ACT MODIFIED AS ACT XV; PATENT MONOPOLIES CALLED EXCLUSIVE PRIVILEGES (MAKING. SELLING AND USING INVENTIONS IN INDIA AND AUTHORIZING OTHERS TO DO SO FOR 14 YEARS FROM DATE OF FILING SPECIFICATION). 1872 - THE PATENTS & DESIGNS PROTECTION ACT. 1883 - THE PROTECTION OF INVENTIONS ACT. 1888 - CONSOLIDATED AS THE INVENTIONS & DESIGNS ACT. 1911 - THE INDIAN PATENTS & DESIGNS ACT. 1972 - THE PATENTS ACT (ACT 39 OF 1970) CAME INTO FORCE ON 20TH APRIL 1972. 1999 - ON MARCH 26, 1999 PATENTS (AMENDMENT) ACT, (1999) CAME INTO FORCE FROM 01-01-1995. 2002 - THE PATENTS (AMENDMENT) ACT 2002 CAME INTO FORCE FROM 2OTH MAY 2003 2005 - THE PATENTS (Amendment) ACT 2005 EFFECTIVE FROM 1st JANUARY 2005.